Is the appointment of Chaplains to the two Houses of Congress consistent with the Constitution, and with the pure principle of religious freedom? In strictness the answer on both points must be in the negative. The Constitution of the U. S. forbids everything like an establishment of a national religion. The law appointing Chaplains establishes a religious worship for the national representatives, to be performed by Ministers of religion, elected by a majority of them, and these are to be paid out of the national taxes. Does this not involve the principle of a national establishment ... ?
James MadisonTHE Constitution proposed by the convention may be considered under two general points of view. The FIRST relates to the sum or quantity of power which it vests in the government, including the restraints imposed on the States. The SECOND, to the particular structure of the government, and the distribution of this power among its branches.
James MadisonBecause we hold it for 'a fundamental and undeniable truth', that religion or 'the duty which we owe to our Creator' and the manner of discharging it, can be directed only by reason and conviction, not by force or violence.
James MadisonIf we advert to the nature of republican government, we shall find that the censorial power is in the people over the government, and not in the government over the people.
James MadisonAt first view it might seem not to square with the republican theory, to suppose either that a majority have not the right, or that a minority will have the force to subvert a government . . . . But theoretic reasoning in this, as in most other cases, must be qualified by the lessons of practice.
James MadisonIn time of actual war, great discretionary powers are constantly given to the Executive Magistrate. Constant apprehension of War, has the same tendency to render the head too large for the body. A standing military force, with an overgrown Executive will not long be safe companions to liberty.
James Madison